The Jones Act and general maritime law both protect injured maritime workers — but they apply to different people, allow different claims, and offer different levels of compensation.
If you were injured on a vessel or offshore structure, the first question is which law governs your claim. Jones Act claims are available only to qualifying seamen and allow you to sue your employer for negligence. General maritime law covers a broader group of workers and provides additional remedies — including unseaworthiness claims and maintenance and cure — that often run alongside a Jones Act claim. Understanding which applies to your situation determines who you can sue, what you can recover, and how strong your case is.
What Is General Maritime Law?
General maritime law is a body of federal common law that applies to anyone injured on navigable waters — not just seamen. It does not require you to prove your employer’s negligence; some claims under general maritime law are no-fault. It covers three main types of claims:
- Maintenance and cure: Your employer owes you daily living expenses and medical care after an injury, regardless of who was at fault.
- Unseaworthiness: If the vessel, its equipment, or its crew was not reasonably fit for its intended purpose and that caused your injury, you can sue the vessel owner — no proof of negligence required.
- Wrongful death: Families of workers killed on navigable waters may have claims under general maritime law, DOHSA, or both.
General maritime law applies to a wider range of maritime workers than the Jones Act — including dock workers, harbor workers, passengers, and others who may not qualify as seamen.
The legal basis for general maritime law is Article III, Section 2 of the U.S. Constitution and 28 U.S.C. § 1333, which grant federal courts admiralty jurisdiction.
What Is a Jones Act Claim?
The Jones Act gives qualifying seamen the right to sue their employer for negligence — a right that does not exist under standard workers’ compensation. If your employer’s negligence played any role, however small, in causing your injury, you can bring a Jones Act claim.
The Jones Act — codified at 46 U.S.C. § 30104 — applies only to seamen: workers who spend at least 30% of their time working on a vessel in navigation, contributing to the vessel’s mission or function.
Key Differences: Jones Act vs. General Maritime Law
While both legal frameworks are designed to protect maritime workers, general maritime law and the Jones Act differ in several key aspects.
Who Is Eligible — Seamen vs. All Maritime Workers
- General maritime law: dock workers, harbor workers, passengers, contractors, and anyone injured on navigable waters may have claims. Does not require seaman status.
- Jones Act: Applies only to seamen — workers who spend at least 30% of their working time on a vessel in navigation contributing to its mission.
To qualify as a Jones Act seaman, an individual must meet specific criteria:
- Seaman Status: The worker must spend a significant amount of their employment time (typically at least 30% or more) working on a vessel or fleet of vessels under navigation, which contributes to the vessel’s function or mission.
- Vessel in Navigation: The vessel must be in operation, afloat, capable of moving, and on navigable waters at the time the employee is working on it.
Types of Claims Available Under Each Law
Under general maritime law, workers can bring claims for:
- Maintenance and Cure: This is a fundamental right, not technically a claim, but a legal obligation on employers to provide for basic needs (food, lodging, medical care) of injured seamen regardless of fault.
- Unseaworthiness Claims: Arise when a vessel is found not to be reasonably fit for its intended purpose or lacking in equipment and crew competence, leading to accidents or injuries. The shipowner is held liable under this claim, regardless of fault, for injuries that result from the unseaworthiness.
- Personal Injury and Wrongful Death: Applicable to a wider range of maritime workers and circumstances compared to the Jones Act. These claims can be brought against a ship owner or employers for negligence that caused the injury.
On the other hand, the Jones Act provides a negligence cause of action specifically for qualified seamen who are injured in the course of their employment.
What Compensation You Can Recover
Under general maritime law, workers may be able to recover:
- Maintenance and Cure: Covers basic needs but not lost wages beyond the recovery period.
- Unseaworthiness Claims: May cover medical expenses beyond “maintenance and cure” and lost wages.
- Negligence Claims: May cover medical expenses not covered by maintenance and cure, lost wages, and potentially pain and suffering (depending on the specific circumstances and jurisdiction). However, the scope of recoverable damages, especially for pain and suffering, might be limited compared to the Jones Act.
The Jones Act potentially allows for a wider range of damages, including:
- Medical expenses
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Emotional distress
Burden of Proof: Featherweight Standard vs. No-Fault
Under the Jones Act, the causation threshold for negligence is remarkably low — known as the “featherweight” standard. Your employer’s negligence need only play the slightest part in causing your injury. Even if you were partly at fault, you can still recover under the Jones Act’s comparative negligence principle.
This featherweight standard was established in Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500 (1957) and applied to Jones Act cases.
Under general maritime law, the burden of proof varies by claim: unseaworthiness is a no-fault claim (you do not need to prove negligence at all), while general maritime negligence requires a higher showing than the Jones Act’s featherweight standard.
Procedural Rights: Jury Trial, Court Choice, and Deadlines
General maritime law claims do not require proving employment status as a seaman, which can sometimes simplify the claim process. Depending on the claim, they may be brought in either state or federal court.
Jones Act seamen have several procedural advantages not available under general maritime law:
- Right to a jury trial: Jones Act seamen have the unique right to demand a jury trial. Most general maritime law claims are heard by a judge alone (bench trial) — the jury trial right under the Jones Act is a significant advantage in cases involving serious injuries.
- Choice of court: Jones Act seamen can choose to file in either state or federal court. Defendants cannot remove a Jones Act case from state court to federal court, which gives the seaman strategic control over venue.
- Three-year statute of limitations: Jones Act claims must be filed within three years of the date of injury. Deadlines for general maritime law claims can vary — some claims involving government vessels may have notice requirements as short as two years.
Can You Bring Both Claims at the Same Time?
Yes — and in most serious offshore injury cases, you should. Jones Act seamen almost always pursue both a Jones Act negligence claim and a general maritime law unseaworthiness claim simultaneously. These are separate legal theories with different standards of proof and potentially different defendants:
- The Jones Act negligence claim is against your employer.
- The unseaworthiness claim is against the vessel owner — who may or may not be the same party as your employer.
- The maintenance and cure obligation runs against your employer regardless of either claim.
Running all available claims together maximizes your recovery options. If the negligence claim does not succeed, the unseaworthiness claim may, and vice versa. An LKSA attorney will identify every applicable claim from the first consultation.
Not sure which claims apply to your situation? The answer depends on where you were working, what structure you were on, and your job classification. See our guide: Which maritime law applies to my injury?
Steps to Take After a Maritime Injury
The actions you take in the hours and days after a maritime injury directly affect your claim. In brief:
1. Get medical care — tell medical staff exactly how the injury happened.
2. Report in writing to your supervisor or company representative immediately.
3. Document the scene — photos, witness contact information, equipment involved.
4. Do not give a recorded statement to your employer or its insurer before speaking with an attorney.
5. Contact an LKSA attorney — free, confidential consultation. (504) 588-1500.
For a full guide to what happens after a maritime injury, read: What to expect during a maritime injury lawsuit.
Talk to an LKSA Attorney About Your Maritime Claim
LKSA has handled both Jones Act and general maritime law claims in the Eastern District of Louisiana for over 35 years — the federal court that handles more maritime injury cases than any other district in the United States.
Paul Sterbcow served as Co-Lead Trial Counsel in the Deepwater Horizon liability trial, resulting in a settlement of $14,421,477 for four injured rig workers. Ian Taylor was appointed to the Executive Committee in the SEACOR Power litigation. Our attorneys have argued cases that defined the scope of Jones Act seaman status, damage recovery standards, and the availability of punitive damages for injured maritime workers.
Not sure which claim applies to your situation? LKSA attorneys analyze every available claim from the first consultation — free and confidential.
